If you have been named as an executor or are responsible for administering a loved one’s estate, the probate process can feel daunting. Executors are often faced with legal paperwork, financial obligations, and court requirements at a time when they are already navigating loss and family responsibilities.
Probate is the legal process used to confirm the validity of a will, authorize the executor to act, settle debts, and distribute assets in accordance with British Columbia law. In BC, estate administration is governed by the Wills, Estates and Succession Act, which sets out the legal framework for probate and outlines an executor’s responsibilities responsibilities when administering an estate.. Even estates that appear straightforward can involve strict deadlines, court filings, tax considerations, and communication with beneficiaries and financial institutions.
While it is possible to apply for probate without legal assistance, many executors find that the process is more complex than expected. Errors or oversights can lead to delays, additional costs, or personal liability. A probate lawyer helps guide executors through each stage of the process, ensures compliance with BC’s legal requirements, and addresses potential issues before they become costly problems.
Because of this, choosing the right probate lawyer from the outset is important. Asking thoughtful questions before hiring a lawyer can help you understand their experience, approach, and level of support, allowing you to move forward with greater confidence and clarity. Below are five essential questions to ask a probate lawyer before moving forward.
Question One: What Experience Do You Have With Probate Matters?
One of the most important questions to ask a probate lawyer is about their experience with probate and estate administration. Probate law involves specific procedures, court rules, and timelines that differ from other areas of law, and experience matters.
You should ask how long the lawyer and firm has been practicing probate law, how frequently they handle probate files, and whether they have experience with estates similar to yours. Some estates are straightforward, while others involve real estate, business interests, blended families, or beneficiary disputes. A lawyer who regularly handles probate matters in British Columbia will be better equipped to anticipate issues and guide you through them efficiently. Westcoast Wills handles hundreds of probate matters per year, so no matter which lawyer you’re teamed up with here, you’ll be getting access to the deep well of knowledge that our firm has accumulated over the years.
It is also helpful to confirm that the lawyer is familiar with the local probate probate registry registry and court requirements, as these can vary.
Question Two: How Do You Charge for Probate Services?
Understanding the lawyer’s fee structure upfront is essential. Probate lawyers may charge hourly rates, flat fees, or a combination of both, depending on the nature of the estate and the services required.
You should ask how fees are calculated, what services are included, and whether additional costs may arise. Probate fees payable to the court, accounting fees, and disbursements are separate from legal fees, so clarity at the outset helps avoid surprises later.
A clear explanation of billing practices allows you to budget appropriately and ensures transparency throughout the process. At Westcoast Wills, we charge predictable flat fees for 95% or probate clients.
Question Three: How Will You Communicate With Me During the Process?
Probate can take several months, and sometimes longer. During that time, clear and consistent communication is critical. Ask how often you can expect updates and how the lawyer typically communicates with clients.
It is also important to understand who your main point of contact will be. Some probate files involve support staff or paralegals handling day-to-day matters under the lawyer’s supervision. Knowing who to contact with questions can make the process feel far more manageable.
Reliable communication helps reduce uncertainty and ensures you are informed at each stage of the estate administration.
Question Four: Can You Provide Client Feedback or Examples of Similar Cases?
While confidentiality rules limit what a lawyer can disclose, many probate lawyers can provide general examples of their experience or share anonymized feedback from past clients. Asking about previous probate matters helps you assess the lawyer’s approach, professionalism, and problem-solving style.
You may also wish to review online testimonials or reviews to gain additional insight into client experiences. Consistent positive feedback can be a strong indicator of reliability and client satisfaction.
Question Five: What Is the Expected Probate Timeline?
Every estate is different, but an experienced probate lawyer should be able to provide a general overview of what to expect. Ask how long probate typically takes in British Columbia and what factors might cause delays.
Understanding the timeline helps manage expectations, particularly when beneficiaries are waiting for distributions or when estate assets need to be sold. A lawyer who explains the process clearly can help you plan ahead and avoid unnecessary frustration.
Next Steps
Hiring a probate lawyer is an important decision, particularly during an emotionally difficult time. Asking thoughtful questions allows you to assess a lawyer’s experience, communication style, transparency around fees, and overall fit for your situation.
The probate team at Westcoast Wills & Estates regularly assists executors across British Columbia with every stage of the probate and estate administration process. Our experienced probate lawyers work closely with executors to ensure estates are administered efficiently, accurately, and in compliance with BC law, providing clarity and peace of mind when it is needed most.
If you are acting as an executor or navigating the estate of a loved one, speaking with a probate lawyer early in the process can help you avoid unnecessary stress and delays. To book a consultation with a probate lawyer lawyer at Westcoast Wills & Estates, contact our office today and take the next step forward with confidence.
